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(영문) 인천지방법원 2015.08.27 2015고단2357
협박
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Victim C (n, 47 years old) is a person operating “F” in the Yeonsu-gu Incheon E and 5th floor with D and Dong business, and the Defendant is a person employed by the above D to manage the members of the above driving range.

1. On January 19, 2015, the Defendant, at around 15:30 on January 19, 2015, expressed in the “F,” that the Defendant, on the grounds that the Defendant pointed out that the Defendant would receive customers without entering in the account book, and expressed on the part of the frame of the account book, and thereby, expressed the victim’s attitude that “I will do so. I will die. I will do so,” and opened the account book to the victim, and opened the door in the Kabrter, so that I can unfold the door in the Kabr, set the door in the Kabrter, set the glass door, put the golf debt in favor of the victim, and put the victim’s abusive, etc., and threatened the victim.

2. On January 20, 2015, the Defendant threatened the victim by stating that “A victim, who is undergoing a book keeping in a carcter, may die in a carcasia,” was the victim’s behind the victim, who is undergoing a book keeping in the carcasia at the above golf range.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. The application of Acts and subordinate statutes governing visual photographs in which victims of CCTVs No. 112 reported ( January 19, 2015), 112 reported data processing table ( January 20, 2015), 3 CCTV photographs in the F Practice Chapter, 5 CCTV images in the F Practice Chapter, and 5 CCTV images in the F Practice Chapter;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 283 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Application of the sentencing criteria;

(a) Type 1 (General Intimidation) and the basic area (two to one year) of the crimes of intimidation (a person who has been specially punished);

B. The scope of the final sentence due to the aggravation of multiple crimes that have no basic area (2-1 years to 2) (2-1 years): February 1 and June (2-1 year to 6 months) of the crime of intimidation. The victim is a victim.

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